Research On The Legal Issues Of Entrust Financial Investment

Entrust financial investment is not a strict legal concept, it is only a title in the financial world. It refers to that one person gives his money or other financial assets to another person to invest in order to obtain benefits. In fact, entrust financial investment has many forms. Because of its complexities, disputes occur on its concept, nature, and provisions in the theory and practice. This article aims to clarify the author's views of entrust financial investment through the summarization and analysis about entrust financial investment. By the reality of entrust financial investment, the author offers some measures to guide it healthy development and provides some feasible suggestions in legislation, regulation and judicial to help regulate entrust financial investment.This article is divided into four parts in addition to the introduction and conclusion. They are introduction of entrust financial investment, nature of entrust financial investment, terms of entrust financial investment, perfection of entrust financial investment.The first chapter introduces the concept, characteristic and classification of entrust financial investment. By the comparative analysis of different concepts of entrust financial investment, the author want to draw a comprehensive definition in connotation and extension. Meanwhile, the description of feature, induction of type, which is to have a basic understanding of entrust financial investment.The second chapter is about the nature of entrust financial investment, which is the emphasis of this text. Various viewpoints have their reasons on the nature of entrust financial investment, but they are difficult to include all forms of entrust financial investment. On the basis of this situation, the author proposes to use the trust system to regulate and guide the development of entrust financial investment. Trust system is defined as a mode of specialized financial management when it is introduced into our country, and entrust financial investment is also a form of specialized financial management, they have natural similarities in essence. Moreover, it is beneficial to the normal development of entrust financial investment, to fully use the professional skills of trustee, to protect the interests of clients for the long-term development of entrust financial investment to regulate entrust financial investment by trust law. This text is not to have an accurate result about the nature of entrust financial investment. Its purpose is that we should use the trust system to regulate and guide the development of entrust financial investment, and make it in a normal way finally.The third chapter analyses some special provisions of entrust financial investment, including the article of guaranteed earnings, the article of mortgage, the article of third party regulation. In this chapter, the author analyses the reason that the article of guaranteed earnings is allowed in bank personal financial plan, which is prohibited in asset management plan of securities company and trust plan of trust company.The fourth chapter mainly puts forward some proposals from the legislation, regulation and judicial to perfect entrust financial investment. In order to promote its normal, long-term development, the author suggests that we should enact unified law or regulation of entrust financial investment, establish a single regulatory body to implement the law or regulation, and strengthen the supervision of both parties of entrust financial investment.